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Fayetteville City Zoning Code

CHAPTER 161

- ZONING REGULATIONS

161.01 - Application Of District Regulations

Minimum Regulations/Exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided:

(A)

General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it was located.

(B)

Limitations. No building or other structure shall hereafter be erected or altered:

(1)

Height/Bulk. To exceed the height or bulk;

(2)

Number of Units. To accommodate or house a greater number of units;

(3)

Lot Area. To occupy a greater percentage of lot area;

(4)

Setback/Open Spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other open spaces than herein required; or

(5)

Other. In any other manner contrary to the provisions of this chapter.

(C)

Independent Compliance. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building.

(D)

Effective Date. No setback or lot existing on June 29, 1970, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after June 29, 1970, shall meet at least the minimum requirements established by this chapter.

(E)

Annexation. All territory which may hereafter be annexed to the city shall be considered to be in District R-A until the territory is rezoned as provided herein.

(F)

Measuring Setbacks.

(1)

Front. Measured from the street right-of-way, or street right-of-way setback as required by the Master Street Plan.

(2)

Side. Measured from the side property line.

(3)

Rear. Measured from the rear property line.

(4)

Corner. A corner lot has two fronts and two sides.

(G)

Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions.

(H)

Authorized Construction/Use. Permits issued on the basis of plans and applications approved by the Zoning and Development Administrator or Planning Commission authorize only the use, arrangements, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction.

(Code 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70; Code 1991, §160.016; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5425, 8-2-11; Ord. No. 5945, §3, 1-17-17)

161.02 - Zoning Compliance And Business License

(A)

Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter.

(B)

Conforming Uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to Chapter 118 of the Fayetteville Code.

(C)

Nonconforming Uses.

(1)

Except for short-term rental units subject to Chapter 163 of the UDC, uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations.

Use Units
3 Public protection facilities
4 Cultural and recreational facilities
5 Government facilities
6 Agricultural
7 Animal husbandry
12a Limited business
13 Eating places
15 Neighborhood shopping goods
24 Home occupation
25 Offices, studios, and related services

 

(2)

Except for short-term rental units subject to Chapter 163 of the UDC, uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations.

Use Units
2 City-wide uses by conditional use permit
14 Hotel, motel and amusement facilities
16 Shopping goods
17 Transportation trades and services
18 Gasoline service stations & drive-in/drive-through restaurants
19 Commercial recreation, small sites
20 Commercial recreation, large sites
21 Warehousing and wholesale
22 Manufacturing
23 Heavy industrial
27 Wholesale bulk petroleum storage facilities with
underground tanks
28 Center for collecting recyclable materials
29 Dance halls
30 Extractive uses
31 Facilities emitting odors/handling explosives
32 Sexually oriented businesses
33 Adult live entertainment club or bar
34 Liquor stores
35 Outdoor music establishments
36 Wireless communications facilities
38 Mini-storage units
39 Auto salvage and junk yards
40 Sidewalk cafes
42 Clean technologies
43 Animal boarding and training

 

(3)

Businesses operating in a zoning district that does not allow the use and that cannot provide proof of their establishment in accordance with the criteria above are declared to be incompatible with permitted uses and shall not hereafter continue except in conformity with the regulations of the district in which it is located. These businesses shall not be eligible to obtain a city business license until or unless they are brought into compliance with the zoning district regulations.

(Code 1965, App. A., Art. 9(3), (5); Ord. No. 1747, 6-29-70; Code 1991, §§160.192, 160.194; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5425, 8-2-11; Ord. No. 5945, §8, 1-17-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.03 - District R-A, Residential-Agricultural

(A)

Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
Unit 41 Accessory dwellings
Unit 43 Animal boarding and training
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies

 

(C)

Density.

Units per acre One-half (½)

 

(D)

Bulk and Area Regulations.

Lot width minimum 200 feet
Lot Area Minimum:
  Residential: 2 acres
  Nonresidential: 2 acres
Lot area per dwelling unit 2 acres

 

(E)

Setback Requirements.

Front Side Rear
35 feet 20 feet 35 feet

 

(F)

Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story.

(G)

Building area. None.

(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.04 - District RSF-.5, Residential Single-Family—One-Half (½) Unit Per Acre

(A)

Purpose. A district having single-family detached residences on lots with a minimum size of two (2) acres and a maximum gross density of approximately one-half (½) unit per acre.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(C)

Density.

Units per acre One-half (approximately)

 

(D)

Bulk and Area Regulations.

Lot width minimum 200 feet
Lot area minimum 71,438 square feet
Land area per dwelling unit 71,438 square feet

 

(E)

Setback Requirements.

Front Side Rear
35 feet 20 feet 35 feet

 

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(G)

Building Area. None.

(Code 1991, §160.043; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.05 - District RSF-1, Residential Single-Family - One (1) Unit Per Acre

(A)

Purpose. A district having single-family detached residences on lots with a minimum size of one (1) unit per acre. The district is designed to permit and encourage the development of very low density detached dwellings in suitable environments, as well as to protect existing development of these types.

(B)

Uses.

(C)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(D)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(E)

Density.

Units per acre 1

 

(F)

Bulk and Area Regulations.

Lot width minimum 150 feet
Lot area minimum 35,720 square feet
Land area per dwelling unit 35,720 square feet

 

(G)

Setback Requirements.

Front Side Rear
35 feet 20 feet 35 feet

 

(H)

Building Height Regulations.

Building Height Maximum 3 stories

 

(I)

Building Area. None.

(Code 1965, §160.44; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.06 - District RSF-2, Residential Single-Family — Two (2) Units Per Acre

(A)

Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes (1 acre and over) and areas that have developed with smaller lot sizes (8,000 square feet), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types.

(B)

Uses.

(C)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(D)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(E)

Density

Units per acre 2

 

(F)

Bulk and Area Regulations.

Lot width minimum 100 feet
Lot area minimum 17,860 square feet
Land area per dwelling unit 17,860 square feet

 

(G)

Setback Requirements.

Front Side Rear
30 feet 15 feet 30 feet

 

(H)

Building Height Regulations.

Building Height Maximum 3 stories

 

(I)

Building Area. None.

(Code 1991, §160.045; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.07 - District RSF-4, Residential Single-Family - Four (4) Units Per Acre

(A)

Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(C)

Density.

Single-family
dwellings
Two (2) family
dwellings
Units per acre 4 or less 7 or less

 

(D)

Bulk and Area Regulations.

Single-family
dwellings
Two (2) family
dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
Hillside Overlay
District Lot
minimum width
60 feet 70 feet
Hillside Overlay
District Lot
area minimum
8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet

 

(E)

Setback Requirements.

Front Side Rear
15 feet 5 feet 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(G)

Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings.

(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.08 - District RSF-7, Residential Single-Family - Seven (7) Units Per Acre

(A)

Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable environments.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(C)

Density.

Single-family dwelling units per acre 7 or less

 

(D)

Bulk and Area Regulations.

(E)

Lot Width Minimum.

Single-family 60 feet
Two-family 60 feet
Townhouse, no more than two (2) attached 30 feet

 

(F)

Lot Area Minimum.

Single-family 6,000 square feet
Two-family 6,000 square feet
Townhouse, no more than two (2) attached 3,000 square feet

 

(G)

Land Area Per Dwelling Unit.

Single-family 6,000 square feet
Two-family 3,000 square feet
Townhouse, no more than two (2) attached 3,000 square feet

 

(H)

Setback Requirements.

Front Side Rear
15 feet 5 feet 15 feet

 

(I)

Building Height Regulations.

Building Height Maximum 3 stories

 

(J)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(Code 1991, §160.046; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.09 - District RSF-8, Residential Single-Family - Eight (8) Units Per Acre

(A)

Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(C)

Density.

By Right
Single-family dwelling units per acre 8 or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Single-family 50 feet
Two (2) family 50 feet
Townhouse, no more than two (2) attached 25 feet

 

(2)

Lot Area Minimum.

Single-family 5,000 square feet
Two-family 5,000 square feet

 

(3)

Land Area Per Dwelling Unit.

Single-family 5,000 square feet
Two-family 5,000 square feet
Townhouse, no more than two (2) attached 2,500 square feet

 

(E)

Setback Requirements.

Front Side Rear
15 feet 5 feet 5 feet

 

(F)

Height Regulations.

Building Height Maximum 3 stories

 

(G)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.10 - District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre

(A)

Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development

 

(C)

Density.

Units per acre Eighteen (18) or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Single-family 30 feet
Two (2) family 30 feet

 

(2)

Lot Area Minimum.

Townhouses: individual lot 1,250 square feet
Single-family 2,500 square feet
Two-family 2,000 square feet

 

(E)

Setback Requirements.

Front Side Side-Zero Lot Line* Rear
A build-to zone that is located between the front property line and a line 25 ft. from the front property line. 5 feet on both sides A setback of less than five feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. 5 feet

 

* A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures.

** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area.

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(G)

Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings.

(Ord. No. 5800, §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre

(A)

Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities

 

(C)

Density.

Units per acre 12

 

(D)

Bulk and Area Regulations.

Single-
family
Two (2) family Three (3) and
four (4) family
Lot width
minimum
50 feet 50 feet 90 feet
Lot area
minimum
5,000 square
feet
7,260 square
feet
10,890 square
feet.

 

(E)

Setback Requirements.

Front Side Other Uses Side Single & Two (2) family Rear Other Uses Rear
Single
Family
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet

 

(F)

Building Height Regulations.

Building height maximum 2 stories/3 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.

(G)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width.

(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§4, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §2(Exh. A), 5-2-23)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.12 - District RI-U, Residential Intermediate - Urban

(A)

Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster housing development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 12a Limited business
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None

 

(E)

Setback Requirements.

Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley
A build-to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet

 

(F)

Building Height Regulations.

Building height maximum 2 stories/3 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.

(G)

Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width.

(Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.13 - District RMF-6, Residential Multi-Family—Six (6) Units Per Acre

(A)

Purpose. The RMF-6 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories

 

(C)

Density.

Units per acre 6 or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Manufactured home park 100 feet
Lot within a manufactured home park 50 feet
Single-family 50 feet
Two (2) family 50 feet
Three (3) family or more 90 feet
Professional offices 100 feet

 

(2)

Lot Area Minimum.

Manufactured home park 3 acres
Lot within a Manufactured home park 4,200 square feet
Townhouse: Individual lot 2,500 square feet
Single-family 6,000 square feet
Two (2) family 7,000 square feet
Three (3) family or more 9,000 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acre

 

(E)

Setback Requirements.

Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 25 feet 5 feet

 

(F)

Building Height Regulations.

Building height maximum 2 stories/3 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width.

(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §3(Exh. B), 5-2-23; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.14 - District RMF-12, Residential Multi-Family - Twelve (12) Units Per Acre

(A)

Purpose. The RMF-12 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a moderate density that is appropriate to the area.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories

 

(C)

Density.

Units per acre 12 or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Manufactured home park 100 feet
Lot within a manufactured home park 50 feet
Single family 45 feet
Two (2) family 45 feet
Three (3) family or more 80 feet
Professional offices 100 feet

 

(2)

Lot Area Minimum.

Manufactured home park 3 acres
Lot within a manufactured home park 4,200 square feet
Townhouse: Individual lot 2,500 square feet
Single-family 4,500 square feet
Two (2) family 6,000 square feet
Three (3) family or more 9,000 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acre

 

(3)

Land Area Per Dwelling Unit.

Manufactured home 3,000 square feet

 

(E)

Setback requirements.

Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet

 

(F)

Building Height Regulations.

Building height maximum 2 stories/3 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum buildable street frontage. 50% of the lot width.

(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §4(Exh. C), 5-2-23; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.15 - District RMF-18, Residential Multi-Family — Eighteen (18) Units Per Acre

(A)

Purpose. The RMF-18 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a medium density that is appropriate to the area.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories

 

(C)

Density.

Units per acre Eighteen (18) or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Manufactured home park 100 feet
Lot within a manufactured home park 50 feet
Single-family 40 feet
Two (2) family 40 feet
Three (3) family or more 75 feet
Professional offices 100 feet

 

(2)

Lot Area Minimum.

Manufactured home park 3 acres
Lot within a manufactured home park 4,200 square feet
Townhouse: Individual lot 2,500 square feet
Single-family 4,000 square feet
Two (2) family 5,000 square feet
Three (3) family or more 7,500 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acre

 

(3)

Land Area Per Dwelling Unit.

Manufactured Home 3,000 square feet

 

(E)

Setback Requirements.

Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet

 

(F)

Building Height Regulations.

Building height maximum 2 stories/3 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width.

(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §5(Exh. D), 5-2-23; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.16 - District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre

(A)

Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupations
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories

 

(C)

Density.

Units per acre 24 or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Manufactured home park 100 feet
Lot within a Manufactured home park 50 feet
Single-family 35 feet
Two (2) family 35 feet
Three (3) family or more 70 feet
Professional offices 100 feet

 

(2)

Lot Area Minimum.

Manufactured home park 3 acres
Lot within a mobile home park 4,200 square feet
Townhouses: Individual lot 2,000 square feet
Single-family 3,000 square feet
Two (2) family 4,000 square feet
Three (3) family or more 7,000 square feet
Fraternity or Sorority 2 acres
Professional offices 1 acres

 

(3)

Land Area Per Dwelling Unit.

Manufactured Home 3,000 square feet

 

(E)

Setback Requirements.

Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet

 

(F)

Building Height Regulations.

Building Height Maximum 2 stories/3 stories/5 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width.

(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §6(Exh. E), 5-2-23; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.17 - District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre

(A)

Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi-family development and to encourage additional development of this type where it is desirable.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 26 Multi-family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by CUP
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 24 Home occupation
Unit 25 Professional offices
Unit 36 Wireless communications facilities
Unit 48 Private dormitories

 

(C)

Density.

Units per acre Forty (40) or less

 

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Manufactured home park 100 feet
Lot within a Manufactured home park 50 feet
Single-family 30 feet
Two (2) family 30 feet
Three (3) family or more 70 feet
Professional offices 100 feet

 

(2)

Lot Area Minimum.

Manufactured home park 3 acres
Lot within a mobile home park 4,200 square feet
Townhouses: Individual lot 2,000 square feet
Single-family 2,500 square feet
Two (2) family 3,000 square feet
Three (3) family or more 7,000 square feet
Fraternity or Sorority 1 acre

 

(3)

Land Area Per Dwelling Unit.

Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident

 

(E)

Setback Requirements.

Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet

 

(F)

Building Height Regulations.

Building Height Maximum 2 stories/3 stories/5 stories*

 

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Minimum Buildable Street Frontage. 50% of the lot width.

(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §7(Exh. F), 5-2-23; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.18 - NS-L, Neighborhood Services - Limited

(A)

Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian-oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited Business
Unit 24 Home occupations
Unit 40 Sidewalk cafes
Unit 41 Accessory dwelling units
Unit 44 Cluster housing development
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping goods
Unit 19 Commercial recreation, small sites
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 36 Wireless communication facilities*
Unit 45 Small scale production
Unit 48 Private dormitories

 

(C)

Density.

Units per acre Ten (10) or less

 

(D)

Bulk and Area.

(1)

Lot Width Minimum.

Single-family 35 feet
Two (2) family or more 35 feet
All other uses None

 

(2)

Lot Area Minimum.

Single-family 4,000 square feet
Two (2) family or more 3,000 square feet of lot area per dwelling unit
All other permitted and
conditional uses
None

 

(E)

Setback Regulations.

Front: A build-to zone that is located between 10 and 25 feet from the front property line.
Side 5 feet
Rear 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(G)

Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings.

(Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 6, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §8(Exh. G), 5-2-23; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.19 - NS-G, Neighborhood Services - General

(A)

Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian-oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12b General business
Unit 24 Home occupations
Unit 40 Sidewalk cafes
Unit 41 Accessory dwelling units
Unit 44 Cluster housing development
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating places
Unit 16 Shopping goods
Unit 19 Commercial recreation, small sites
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 36 Wireless communication facilities
Unit 45 Small scale production
Unit 48 Private dormitories

 

(C)

Density. Eighteen (18) or less per acre.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

All dwellings 35 feet
All other uses None

 

(2)

Lot Area Minimum.

Single-family 4,000 square feet
Two (2) family or more 3,000 square feet per dwelling unit
All other uses None

 

(E)

Setback regulations.

Front Side Side-Zero Lot Line* Rear Rear when contiguous to a single-family residential district
A build-to zone that is located between the front property line and a line 25 feet from the front property line. 5 feet A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. None 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(G)

Minimum Buildable Street Frontage. 50% of the lot width.

(Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.20 - District R-O, Residential Office

(A)

Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein.

(B)

Uses.

(1)

Permitted uses.

Unit 1 City-wide uses by right
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 25 Offices, studios, and related services
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park*
Unit 13 Eating places
Unit 15 Neighborhood shopping goods
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities*
Unit 42 Clean technologies
Unit 45 Small scale production
Unit 48 Private dormitories

 

(C)

Density.

Units per acre 24 or less

 

(D)

Bulk and Area Regulations. (Per dwelling unit for residential structures)

(1)

Lot Width Minimum.

Manufactured home park 100 feet
Lot within a manufactured home park 50 feet
Single-family 60 feet
Two (2) family 60 feet
Three (3) or more 90 feet

 

(2)

Lot Area Minimum.

Manufactured home park 3 acres
Lot within a manufactured home park 4,200 square feet
Townhouses:
Development 10,000 square feet
Individual lot 2,500 square feet
Single-family 6,000 square feet
Two (2) family 6,500 square feet
Three (3) or more 8,000 square feet
Fraternity or Sorority 1 acre

 

(3)

Land Area Per Dwelling Unit.

Manufactured home 3,000 square feet
Townhouses & apartments:
No bedroom 1,000 square feet
One bedroom 1,000 square feet
Two (2) or more bedrooms 1,200 square feet
Fraternity or Sorority 500 square feet per resident

 

(E)

Setback Regulations.

Front 15 feet
Front, if parking is allowed between the right-of-way and the building 50 feet
Front, in the Hillside Overlay District 15 feet
Side 10 feet
Side, when contiguous to a residential district 15 feet
Side, in the Hillside Overlay District 8 feet
Rear, without easement or alley 25 feet
Rear, from center line of public alley 10 feet
Rear, in the Hillside Overlay District 15 feet

 

Urban Form Setback Regulations:

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line
Side 5 feet
Side-zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is filed.**
The remaining side setback(s) shall be 10 feet
Rear None
Rear when contiguous to a single family residential district 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 5 stories

 

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Urban form minimum buildable street frontage: 50% of the lot width.

(Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7-19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 2, 3, 4-2-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.21 - District C-1, Neighborhood Commercial

(A)

Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 5 Government Facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 25 Offices, studios, and related services
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 16 Shopping goods
Unit 34 Liquor stores
Unit 35 Outdoor music establishments*
Unit 36 Wireless communications facilities*
Unit 42 Clean technologies

 

(C)

Density. None.

(D)

Bulk and Area Regulations. None.

(E)

Setback Regulations.

Front 15 feet
Front, if parking is allowed between the right-of-way and the building 50 feet
Side None
Side, when contiguous to a residential district 10 feet
Rear 20 feet

 

Urban Form Setback Regulations:

Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line
Side and rear None
Side or rear, when contiguous to a single-family residential district 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 5 stories

 

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Urban form minimum buildable street frontage: 50% of the lot width.

(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6521, §4, 1-18-22)

161.22 - Community Services

(A)

Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Dwelling 18 feet
All others None

 

(2)

Lot Area Minimum. None.

(E)

Setback regulations.

Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line.
Side and rear: None
Side or rear, when contiguous to a single-family residential district: 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 5 stories

 

(G)

Minimum Buildable Street Frontage.50% of the lot width.

(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.23 - District C-2, Thoroughfare Commercial

(A)

Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 25 Offices, studios, and related services
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance Halls
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training

 

(C)

Density. None.

(D)

Bulk and Area Regulations. None.

(E)

Setback Regulations.

Front 15 feet
Front, if parking is allowed between the right-of-way and the building 50 feet
Side None
Side, when contiguous to a
residential district
15 feet
Rear 20 feet

 

Urban Form Setback Regulations:

Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line
Side and rear None
Side or rear, when contiguous to a single-family residential district 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 6 stories*

 

* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Urban form minimum buildable street frontage: 50% of the lot width.

(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 6, 7, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6521, §5, 1-18-22)

161.24 - Urban Thoroughfare

(A)

Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor store
Unit 40 Sidewalk cafes
Unit 41 Accessory Dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 33 Adult live entertainment club or bar
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
Unit 48 Private dormitories

 

(C)

Density. None

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Single-family dwelling 18 feet
All other dwellings None
Non-residential None

 

(2)

Lot area minimum. None

(E)

Setback regulations.

Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line.
Side and rear: None
Side or rear, when contiguous to a single-family residential district: 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 5 stories/7 stories*

 

* A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) stories.

If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Minimum buildable street frontage. 50% of the lot width.

(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.25 - District C-3, Central Commercial

(A)

Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 18 Gasoline service stations & drive-in restaurants
Unit 19 Commercial recreation, small sites
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor stores
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 17 Transportation trades and services
Unit 28 Center for collecting recyclable materials
Unit 29 Dance Halls
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations. None.

(E)

Setback Regulations.

Central Business District Shopping Center
Front 5 feet 25 feet
Front, if parking is allowed between the right-of-way and the building 50 feet 50 feet
Side None None
Side, when contiguous to a residential district 10 feet 25 feet
Rear, without easement or alley 15 feet 25 feet
Rear, from center line of a public alley 10 feet 10 feet

 

Urban Form Setback Regulations:

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line
Side None
Rear 5 feet
Rear, from center line of an alley 12 feet

 

(F)

Building Height Regulations.

Building Height Maximum 5 stories/7 stories*

 

* A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories.

(G)

Urban form minimum buildable street frontage: 80% of the lot width.

(Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4863, 5-02-06; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 8, 9, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.26 - Downtown Core

(A)

Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor stores
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 29 Dance Halls
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 42 Clean technologies
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations. None.

(E)

Setback Regulations.

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line.
Side None
Rear 5 feet
Rear, from center line of an alley 12 feet

 

(F)

Minimum Buildable Street Frontage. 80% of lot width.

(G)

Building Height Regulations.

Building Height Maximum 5 stories/14 stories*

 

* A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of fourteen (14) stories.

(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.27 - Main Street/Center

(A)

Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi-story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone.

(B)

Uses.

(1)

Permitted uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 14 Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor stores
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 42 Clean technologies
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Dwelling (all unit types) 18 feet

 

(2)

Lot Area Minimum. None.

(E)

Setback Regulations.

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line.
Side None
Rear 5 feet
Rear, from center line of an alley 12 feet

 

(F)

Minimum Buildable Street Frontage. 75% of lot width.

(G)

Building Height Regulations.

Building Height Maximum 5 stories/7 stories*

 

* A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories.

(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.28 - Downtown General

(A)

Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communication facilities
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

Dwelling (all unit types) 18 feet

 

(2)

Lot Area Minimum. None.

(E)

Setback Regulations.

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line.
Side None
Rear 5 feet
Rear, from center line of an alley 12 feet

 

(F)

Minimum Buildable Street Frontage. 50% of lot width.

(G)

Building Height Regulations.

Building Height Maximum 5 stories

 

(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.29 - Neighborhood Conservation

(A)

Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited business*
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communication facilities
Unit 44 Cluster Housing Development

 

(C)

Density. Ten (10) Units Per Acre.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

All dwelling types 40 feet

 

(2)

Lot Area Minimum. 4,000 square feet

(E)

Setback Regulations.

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line.
Side 5 feet
Rear 5 feet
Rear, from center line of an alley 12 feet

 

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

161.30 - District I-1, Heavy Commercial And Light Industrial

(A)

Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 6 Agriculture
Unit 13 Eating places
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 25 Offices, studios and related services
Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks
Unit 42 Clean technologies
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 43 Animal boarding and training

 

(C)

Density. None.

(D)

Bulk and Area Regulations. None.

(E)

Setback Regulations.

Front, when adjoining A or R districts 50 feet
Front, when adjoining C, I, or P districts 25 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I, or P districts 10 feet
Rear 25 feet

 

(F)

Height Regulations. There shall be no maximum height limits in I-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. None.

(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982, §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6521, §6, 1-18-22)

161.31 - District I-2, General Industrial

(A)

Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 5 Government Facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 13 Eating places
Unit 16 Shopping goods
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 23 Heavy industrial
Unit 25 Offices, studios, and related services
Unit 28 Center for collecting recyclable materials
Unit 42 Clean technologies
Unit 43 Animal boarding and training
Unit 46 Short-term rentals
Unit 47 Data centers

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 31 Facilities emitting odors and facilities handling explosives.
Unit 36 Wireless communications facilities
Unit 38 Mini-storage Units
Unit 39 Auto salvage and junk yards

 

(C)

Density. None.

(D)

Bulk and area regulations. None.

(E)

Setback Regulations.

Front, when adjoining A or R districts 100 feet
Front, when adjoining C, I or P districts 50 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I or P districts 25 feet
Rear 25 feet

 

(F)

Height Regulations. There shall be no maximum height limits in I-2 Districts, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. None.

(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.040; Ord. No. 3971, §2, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982, §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6521, §7, 1-18-22; Ord. No. 6678, §3, 9-5-23)

161.32 - District P-1, Institutional

(A)

Purpose. The Institutional District is designed to protect and facilitate use of property owned by public and religious institutions. Larger facilities and institutions may still use historical setback regulations, but public and religious institutions may also choose to use urban form with build-to zones and minimum buildable street frontage allowing administrative approval.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 46 Short-term rentals

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 12b General business
Unit 20 Commercial recreation, large sites
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations. None.

(E)

Setback Regulations.

Front 15 feet
Front, if parking is allowed between the right-of-way and the building 50 feet
Side None
Side, when contiguous to a residential district 15 feet
Rear 20 feet

 

Urban Form Setback Regulations

Front A build-to-zone that is located
between 10 feet and a line 25 feet from the front property line
Side and rear None
Side and rear, when contiguous to a single-family residential district 15 feet

 

(F)

Building Height Regulations.

Building Height Maximum 6 stories*

 

* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories.

(G)

Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings.

(H)

Urban form minimum buildable street frontage: 50% of the lot width.

(Code 1965, App. A., Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5073, 11-06-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6521, §8, 1-18-22; Ord. No. 6732, §1(Exh. A), 4-2-24; Ord. No. 6879, §2, 5-20-25)

161.33 - District E-1, Extraction

(A)

Purpose. The Extraction District is designed to provide areas for the commercial removal of natural accumulations of sand, clay, silt, gravel, rock, and any mineral where such removal may cause groundwater problems, noise, dust, traffic problems, erosion, and safety concerns.

(B)

Uses.

(1)

Permitted uses.

Unit 1 City-wide uses by right
Unit 30 Extractive uses

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit

 

(C)

Density. None.

(D)

Bulk and area regulations.

(1)

Lot Width Minimum.

Lot width
minimum
The proposed development shall have at least 200 feet of frontage on a state road or other adequate means of access compatible with sound land use planning principles.

 

(2)

Lot Area Minimum.

Lot area minimum 10 acres

 

(E)

Setback Regulations.

From all property lines (including street frontage) when contiguous to all R districts 200 feet
From all property lines (including street frontage) when contiguous to P, A, C, and I districts 100 feet

 

(Code 1991, §160.047; Ord. No. 3546, 4-16-91; Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17)

161.34 - Reserved

(Code 1991, §160.048; Ord. No. 3821, §1, 3-5,8-9-94; Ord. No. 38-06, 6-28-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4128, §1, 12-15-98; Ord. No. 4725, 7-19-05; Ord. No. 4784, 10-18-05; Ord. No.5312, 4-20-10; Ord. No. 5526, 9-18-12; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17)

161.35 - Planned Zoning District

(A)

Applicability. To be considered for a Planned Zoning District, the applicant shall meet all of the following criteria:

(1)

Location. Any property located within the city limits is eligible for a Planned Zoning District. Upon City Council approval, an owner or developer of a specific piece of property located within the City's designated planning area may be authorized to submit a Planned Zoning District application in conjunction with an annexation request, but final approval of the PZD will not be effective until said property is annexed into the City of Fayetteville.

(2)

Size. There shall be no minimum or maximum tract size for a PZD application.

(B)

Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and development whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application.

(1)

Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts.

(2)

Compatibility. Providing for compatibility with the surrounding land uses.

(3)

Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community.

(4)

Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities.

(5)

No Negative Impact. Does not have a negative effect upon the future development of the area;

(6)

Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas.

(7)

Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations.

(8)

Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities.

(9)

Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan.

(10)

Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape.

(11)

Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD.

(C)

Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 154, Amendments.

(1)

Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and zoning standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of zoning standards and a specific master plan.

(2)

All uses identified within §162 Use Units of the Unified Development Code may be allowed as permissible uses or conditional uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request.

(3)

Residential Density. Residential densities shall be determined on the basis of the following considerations:

(a)

The densities of surrounding development;

(b)

The densities allowed under the current zoning;

(c)

The urban development goals and other policies of the city's Future Land Use Plan;

(d)

The topography and character of the natural environment; and

(e)

The impact of a given density on the specific site and adjacent properties.

(4)

Building Setback. There shall be no minimum building setback except as may be determined by the Planning Commission and City Council during review of the zoning plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. Greater setbacks may be established by the Planning Commission or City Council when it is deemed necessary to provide adequate separation from adjacent properties.

(5)

Building Height. There shall be no maximum building height except as may be determined by the Planning Commission and City Council during the review of the zoning plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission or City Council when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community.

(6)

Building Area. The Planning Commission and City Council shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme.

(Ord. No. 4434, §1 (Ex. A), 11-19-02; Ord. No. 4717, 7-5-05; Ord. No. 4764, 09-20-05; Ord. No. 4783, 10-18-05; Ord. No. 5312, 4-20-10; Ord. No. 5675, 4-1-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17)

161.36 - Urban Corridor

(A)

Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi-modal transportation options. The district encourages walkable commercial, residential, and mixed-use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 10 Three- and Four-Family Dwellings
Unit 13 Eating places
Unit 14 Hotel, Motel, and Amusement Facilities
Unit 16 Shopping Goods
Unit 19 Commercial Recreation, Small Sites
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor Stores
Unit 40 Sidewalk Cafes
Unit 41 Accessory Dwellings
Unit 45 Small scale production
Unit 46 Short-term rentals

 

Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 8 Single-Family Dwellings
Unit 9 Two-Family Dwellings
Unit 17 Transportation trades and services
Unit 18 Gasoline Service Stations and Drive-Thru Restaurants
Unit 20 Commercial Recreation, Large Sites
Unit 21 Warehousing and Wholesale
Unit 28 Center for Collecting Recyclable Materials
Unit 29 Dance Halls
Unit 32 Sexually Oriented Business
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communication facilities
Unit 38 Mini-Storage Units
Unit 42 Clean Technologies
Unit 43 Animal Boarding and Training
Unit 44 Cluster Housing Development
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum. None.

(2)

Lot Area Minimum. None.

(E)

Setback Regulations.

Front A build-to zone that is located between the front property line and a line 30 feet from the front property line.
Side and rear: None
Side or rear, when contiguous to a single-family residential district: 15 feet

 

(F)

Minimum Buildable Street Frontage. 50% of lot width.

(G)

Building Height Regulations.

Building Height Maximum 8 stories

 

(Ord. No. 6793, § 1, 9-17-24; Ord. No. 6810, §1, 11-19-24; Ord. No. 6879, §2, 5-20-25)

161.37 - Urban Neighborhood

(A)

Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and provide a transition into residential neighborhoods from more intense, mixed-use districts. Urban Neighborhood promotes a walkable, pedestrian-oriented neighborhood development form with a variety of housing options and complementary neighborhood businesses that are compatible in scale and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a residential zone.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12b General business
Unit 13 Eating places
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk cafes
Unit 41 Accessory dwelling units
Unit 44 Cluster housing development
Unit 46 Short-term rentals

 

Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses.

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 5 Government facilities
Unit 14 Hotel, motel and amusement services
Unit 15 Neighborhood shopping goods
Unit 36 Wireless communication facilities
Unit 45 Small scale production
Unit 48 Private dormitories

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

(1)

Lot Width Minimum.

All dwellings 12 feet
All other uses None

 

(2)

Lot Area Minimum. None.

(E)

Setback Regulations.

Front A build-to zone that is located between the front property line and a line 25 feet from the front
property line.
Side None
Rear 5 feet
Rear, from center line of an alley 12 feet

 

(F)

Building Height Regulations.

Building Height Maximum 3 stories

 

(G)

Minimum Buildable Street Frontage. 50% of the lot width.

(Ord. No. 6830, §1(Exh. A), 1-7-25; Ord. No. 6879, §2, 5-20-25)

161.38 - District CCR, Conservation, Cultural, And Recreation

(A)

Purpose. The Conservation, Cultural, and Recreation District is a designation requested by the owner of property that the city and the owner have determined beneficial and desirable to conserve, preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring such property's ecosystem services. Further, this district serves to permit certain limited uses and activities which are not detrimental to the land and consistent with these purposes.

(B)

Uses.

(1)

Permitted Uses.

Unit 1 City-wide uses by right

 

(2)

Conditional Uses.

Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities

 

(C)

Density. None.

(D)

Bulk and Area Regulations.

(1)

At least 80% of the zoned area shall be left undeveloped as green space.

(2)

No more than 10% of the Conservation, Cultural, and Recreation zoned area may be dedicated to open space that also contains hard surface areas such as parking, paved trail, or other impervious ground cover.

(E)

Setback Requirements.

(1)

Minimum setback from the front property line shall be 20 feet.

(2)

Minimum setbacks from all other property lines shall be 50 feet.

(3)

A minimum setback of 50 feet shall be established parallel to all floodplain lines shown on currently adopted FIRM panels.

(4)

A minimum setback of 100 feet shall be established parallel to the top of bank along all streams protected within the Streamside Protection Zones of §168.12.

(5)

A minimum setback of 100 feet shall be established parallel to the edge of open bodies of water.

(F)

Height Requirements.

Building height maximum 2 stories

 

(G)

Building area. Maximum lot coverage shall be 5% of the zoned area.

(H)

Legal Instrument for Permanent Protection. Green space shall be protected in perpetuity by an easement deed or other binding legal instrument that is recorded with the rezoning at the time of rezoning. The instrument shall be a permanent conservation easement or equivalent legal document such as:

(1)

A permanent conservation easement conveyed to the city or a land trust or similar conservation oriented nonprofit organization with legal authority to accept such easements. The conservation organization must be bona fide and in perpetual existence and the conveyance instrument shall contain an appropriate provision for conveyance to another nonprofit conservation organization or to the city in the event the originally designated organization becomes unable to fulfill its functions, or

(2)

An equivalent legal document that provides permanent protection, if approved by the city.

(Ord. No. 6884, §1(Exh. A), 6-17-25)

161.39—161.99 - Reserved

(Ord. No. 4930, 10-03-06 repealed and re-adopted the entire chapter)